Citation Nr: 0915245
Decision Date: 04/23/09 Archive Date: 04/29/09
DOCKET NO. 07-36 781 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Waco, Texas
THE ISSUE
Entitlement to compensation under 38 U.S.C.A. § 1151 for
residuals of an epidural abscess due to an epidural steroid
injection.
REPRESENTATION
Appellant represented by: Texas Veterans Commission
ATTORNEY FOR THE BOARD
Kristi L. Gunn, Associate Counsel
INTRODUCTION
The Veteran served on active duty from April 1968 to May
1972.
This case comes before the Board of Veterans' Appeals (Board)
on appeal from an October 2006 rating decision of the Waco,
Texas, Department of Veterans Affairs (VA) Regional Office
(RO), which in pertinent part, denied entitlement to
compensation under 38 U.S.C.A. § 1151 for residuals of an
epidural abscess due to an epidural steroid injection.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
The Board notes that in the Veteran's VA Form 9, Appeal to
the Board of Veterans' Appeals, received in November 2007,
the Veteran indicated that he wanted to have a Board hearing
at the local RO. There is no indication in the record that
the Board hearing has been scheduled or that the Veteran has
withdrawn his request for a hearing.
The Board also notes that the January 2008 Supplemental
Statement of the Case indicates that the Veteran presented
evidence and testimony at the personal hearing. The evidence
of record as well as the Veterans Appeals Control and Locator
System (VACOLS) does not indicate the occurrence of any
hearing.
Accordingly, this case must be remanded to afford the Veteran
the requested Board hearing. See 38 U.S.C.A. § 7107 (West
2002 & Supp. 2008); 38 C.F.R. §§ 19.75, 19.76, 20.703, 20.704
(2008).
In order to comply with the Veteran's request, further action
by the RO is required prior to the Board's consideration of
this matter. Accordingly, this case is REMANDED for the
following action:
Schedule the Veteran for a travel board
hearing at the RO in Waco, Texas. The
Veteran and his representative, if any,
should be notified of the date and time
of the hearing.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2008).
_________________________________________________
C. CRAWFORD
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2008).